66-31-102 - Chapter definitions.

66-31-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Default” means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement;

     (2)  “Last known address” means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address;

     (3)  “Leased space” means the individual storage space at the self-service storage facility which is leased or rented to an occupant pursuant to a rental agreement;

     (4)  “Occupant” means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others;

     (5)  “Owner” means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. “Owner” shall not be construed to be a warehouseman as defined in § 47-7-102(1)(h); provided, that if an owner shall issue any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and occupant shall be subject to the provisions of title 47, chapter 7, and the provisions of this chapter shall not apply;

     (6)  “Personal property” means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, and household items;

     (7)  “Rental agreement” means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility; and

     (8)  “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property; provided, that “self-service storage facility” does not include any real property used for residential purposes.

[Acts 1980, ch. 717, § 2; T.C.A., § 64-3102.]